According to a member of Scheller’s defense team, the judge “was clearly disturbed by the government’s conduct in this case.”
“It was outrageous to place him in confinement as a flight risk for a charge that did not even carry the possibility of confinement,” the member of the defense team said. “The judge highlighted how impressive the Lieutenant Colonel’s military service was and he was clearly impressed with it, especially compared to what you normally see in a court martial. The other thing that he really picked up on, and this is probably the most important thing, when you looked at the charging documents versus the actual videos, it was very clear that the government had selected snippets that made him look far worse than he was, that they had overcharged and that they had painted him in a false light that when the judge went back and watched the actual videos and was like ‘oh, well this is it?,’”
He added: “Ambitious prosecutors make this mistake when they come and they overcharge, and judges don’t like it because it doesn’t look fair, it’s not judicious and it goes against the whole reason the judges are there, which is to try to get a just outcome. And so I think the reason that he basically completely ignored their sentencing recommendation was because he was agitated with what they had done. So, yes, Scheller broke the rules. Yes, he admitted he broke them and yes, he [the judge] had to do something to admonish him for that, but he came in at the very low end because he understood the context.”
Source: DailyCaller
You can see the last video he made that got him thrown in the brig. In it, he threatened to ‘bring the whole f*cking system down.’
He should not be punished at all. He was right.